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TWO:The British Government had done all in its power, except annuling the Orders in Council, to produce a better tone of feeling in America. It put up with many insults and violations of neutrality. It sent Mr. Foster as envoy to the United States to endeavour to adjust all differences; but in vain. This continued so till 1812, when, on the 20th of May, Mr. Russell, the American charg��-d'affaires, presented Lord Castlereagh with a copy of an instrument by which France had, on the 28th of April, abrogated its Berlin and Milan Decrees so far as they related to American vessels. To show an equal liberality, Great Britain, on the 23rd of June, revoked its Orders in Council so far as concerned America, on condition that the United States also revoked its non-Intercourse Act. But this had no effect on the Government of America, which had already concluded a secret treaty with France, and was making every preparation for the invasion of our Canadian colonies. The Americans had the most profound idea of the stability of Buonaparte, and could not conceive that the expedition that he was now preparing against Russia would prove his overthrow. But they expected that Buonaparte would crush Russia altogether, and would rule unopposed over Europe; that the Government of Great Britain was bankrupt, and that they might assail her with impunity. Accordingly, all activity was used in getting ready all kinds of ships to send out as privateers, calculating on a plentiful spoil of British traders in the waters along the American coast and amongst the West Indian Isles, before they could be put upon their guard. At the same time, on the 14th of April they laid an embargo on all American vessels, so as to keep them at home; and on the 18th of June the President announced to Congress that the United States and Great Britain were in an actual state of war. There was a studied ambiguity in this declaration; it did not candidly take the initiative, and assert that the United States declared war against Great Britain, but said that the two countries were, somehow or other, already in a state of war.The chiefs of the Tory party were at this time sanguine in their expectation of being speedily called to office. Their hopes were founded mainly upon the dissensions that were known to exist in the Cabinet. These dissensions were first revealed by O'Connell's motion for a committee to inquire into the conduct of Baron Smith, when presiding as a judge in criminal cases, and especially with reference to a charge addressed by him to the grand jury of Dublin, in which he said: "For the last two years I have seldom lost an opportunity for making some monitory observations from the Bench. When the critical and lawless situation of the country did not seem to be generally and fully understood, I sounded the tocsin and pointed out the ambuscade. Subsequent events deplorably proved that I had given no false alarm. The audacity of factious leaders increased from the seeming impunity which was allowed them; the progress of that sedition which they encouraged augmented in the same proportion, till on this state of things came, at length, the Coercion Bill at once to arrest the mischief, and consummate the proof of its existence and extent." As there was no doubt that these shafts were aimed at O'Connell, this last charge afforded him a fair opportunity of putting a stop to the abuse by bringing the conduct of the talented but eccentric judge before Parliament; for, as there was no political case in the calendar, there was no excuse for the attack. Mr. Littleton declared it impossible to refuse his consent to the motion. Mr. Stanley, Lord Althorp, and Lord John Russell expressed a similar view. Sir James Graham briefly but warmly dissented from his colleagues. He had come down to the House with the understanding that they meant to oppose the motion. He for one still retained his opinion, and had seen no reason to change it. As one who valued the independence of the judges and his own character, he must declare that if the motion were carried, and if, as its result, an Address was presented to the Crown for the removal of Baron Smith, it would be a highly inexpedient��nay, more, a most unjust proceeding. The present would be the most painful vote he had ever given, since he felt it incumbent upon him to sever himself from those friends with whom during a public life of some duration he had had the honour of acting; but feeling as he did the proposition to be one dangerous in itself, he conceived he would be betraying the trust committed to him if he did not declare against it. Baron Smith was ably defended by Mr. Shaw, by Sir J. Scarlett, and Sir Robert Peel. On a division, the motion for a committee of inquiry was carried by 167 to 74, Sir James Graham and Mr. Spring-Rice voting in the minority. Next morning Sir James tendered his resignation as First Lord of the Admiralty, which was declined, and in the following week the vote was rescinded by a majority of six.